论法律部门的划分标准与经济法的地位

Discussion on the Division Standards of the Legal Departments and Their Position in Economic Laws

传统法律部门的划分因其片面强调客观性和按法律调整的社会关系的性质来划分法律部门而有着固有的、难以弥补的缺陷,因此要令人信服地说明经济法作为独立的部门法的地位,就必须抛弃旧的框框,按主客观一致,以主观为主导的指导思想,重新来确定法律部门的划分标准。

The traditional division of the legal departments has its inherent defects that are hard to be remedied because it lays one-sided stress on the objectivity and divides the legal departments by using the nature of the social relations regulated with the laws, therefore in order to illustrate the position of the economic laws being as the independent department laws carrying conviction, people must abandon the old restrictions, and determine the division standards of the legal departments again based on the guiding thought of “making the subjectivity and the objectivity no difference, and taking the subjectivity as the director”.